\u201cPlaintiff cannot bring a claim based on a Fourth or Fourteenth Amendment violation against an Indian tribe like the Defendant. Oviatt v. Reynolds, 733 F. App’x 929, 933 (10th Cir. 2018) (dismissing Fourth Amendment claim against an Indian tribe \u2018because the Fourth Amendment does not bind Indian tribes.\u2019); \u2026.\u201d Oxendine-Taylor v. Eastern Band of Cherokee Indians, 2020 U.S. Dist. LEXIS 175290 (W.D. N.C. Sept. 14, 2020).<\/p>\n\n\n\n
\u201cThe probable cause standard is a practical standard, not a burden of proof at trial.\u201d The reasonable inference from the totality of the affidavit for the search warrant showed particularity to defendant\u2019s apartment. Defendant\u2019s having the utilities in his name is a substantial connection to the property. Commonwealth v. Diaz-Arias<\/a>, 2020 Mass. App. LEXIS 147 (Sept. 25, 2020).<\/p>\n","protected":false},"excerpt":{"rendered":" \u201cPlaintiff cannot bring a claim based on a Fourth or Fourteenth Amendment violation against an Indian tribe like the Defendant. Oviatt v. Reynolds, 733 F. App’x 929, 933 (10th Cir. 2018) (dismissing Fourth Amendment claim against an Indian tribe \u2018because … Continue reading